Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) covers a multitude of options for people who are looking for a different way to handle traditional litigated family law matters.  These methods often considerably lower the costs involved, lessen the negative impact on any children involved and give you greater control over the outcome of the situation, rather than leaving the final decision up to a judge.

All of these methods result in a complete and legally binding document designed to finalize the dissolution of the marriage or resolve other family law matters.

In this option, both parties retain lawyers who are familiar with collaborative divorce. During this process, the parties will work as a team alongside their lawyers and agree to not litigate and to be fully transparent with each other. The collaborative divorce process is unique because, in addition to their lawyers, the parties often will have the benefit of having two neutrals in the team: a mental health professional and a financial professional. These neutrals will help the parties navigate through the emotional and financial elements of their case (which is often less expensive and more effective than the traditional discovery process that occurs in litigation).  

Should either side file anything with the courts other than an uncontested divorce, both lawyers are required to withdraw from the case. However, if an agreement can be reached this method provides a way to very quickly provide a resolution.

These options don’t apply to just divorce. They can also be used for:

• Child custody and parenting coordination
• Validity of pre and post-nuptial agreements
• Spousal and child support adjustments

The alternative methods to courtroom litigated divorces and family law matters requires both sides to be willing to compromise in order to achieve a final agreement that everyone can be satisfied with. This isn’t always possible, but if both individuals can set aside their differences and prioritize saving money while reducing the time and stress spent, these can be very effective options.  It’s important to consider how likely it is that you’ll be able to successfully complete an ADR method and to have both spouses on the same page prior to beginning.